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Articles by Jared Firestone, J.D.

Controversial Expert Testimony Survives Supreme Court Scrutiny In Oklahoma Death-Penalty Case

On June 29, 2015, the Supreme Court decided a controversial death-penalty case involving Oklahoma’s use of midazolam, a sedative, in its executions of prisoners. Finding that the use of the drug did not violate the Eighth Amendment’s ban on cruel…

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Beekeepers Bring Legal Malpractice Suit Against Attorney

Case: Hamilton v. Sommers, 76 S.D. (S.D. 2014) Background: This case was an appeal from summary judgment in favor of the defendant-appellee dismissing the Plaintiff-appellant’s claims of legal negligence or malpractice and breach of fiduciary duty brought against his former…

Posted on in Working with Experts

Expert Witnesses Contribute to Same Sex Marriage Litigation

Last week, the Supreme Court made it unlawful to prevent same-sex marriage. Obergefell v. Hodges 576 U.S. ___ (2015). This landmark ruling is the culmination of several cases challenging state laws or policies that discriminated against same-sex couples. Such as…

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Testimony by Biomechanics Expert Ruled Admissible in Georgia Slip & Fall

Case: Daugharty v. FDIC, 979 F. Supp. 2d 1353 (M.D. Ga. 2013) Background: This case involved a slip-and-fall accident suffered by the plaintiff at a bank in Georgia. Upon leaving the bank, Plaintiff tripped and fell on an uneven portion…

Posted on in Working with Experts

Construction Expert Weighs in on Cal Berkeley Balcony Collapse

On June 16th five visiting Irish college students and another from California were killed, and seven others seriously injured. This occurred after a fifth-floor balcony collapsed. The balcony is located just blocks from the University of California, Berkeley campus. Officials…

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Psychiatric Experts Play Key Role In Tom Benson Competency Trial

The interdiction trial of New Orleans Saints and New Orleans Pelicans owner Tom Benson came to a conclusion on June 12th. The 87-year-old Benson is being sued by his daughter, Renee, and her two children. They claim that the changes Benson…

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Expert Testimony on Stevens-Johnson Syndrome Ruled Admissible

Background: The plaintiff brought this case after she developed Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TEN). This was due to a high dose of Lamictal that was administered to her during a visit to a hospital. She sued the…

Posted on in Working with Experts

Pennsylvania Supreme Court Remands Hugo Selenski Robbery Conviction to Allow Expert Witness Testimony

A guilty verdict for a home invasion robbery has been remanded to the county court level by a Pennsylvania state Superior Court on the basis that the defendant was improperly denied the opportunity to call an expert witness to the…

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Expert Witnesses Likely to Have Significant Impact on Eric Harris Shooting Case

On April 2, 2015, Eric Harris was shot and killed by a volunteer sheriff’s deputy after Harris fled from law enforcement officers following a gun sting operation. The volunteer sheriff, 73 year-old Robert Bates, claims he accidentally shot the unarmed…

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Elizabeth Warren’s Past Service as an Expert Witness Causes Controversy

Senator Elizabeth Warren (D-Mas.) has come under heat from Republicans this past week for what many believe to be an act of hypocrisy relating to her role as an expert witness back in 2000. In recent months, Senator Warren has…

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